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Torts Keyed to Goldberg
Smith v. Leech Brain & Co. Ltd.
Facts
William Smith was employed with an iron works, Leech Brain & Co. Ltd., Defendant. Smith was operating a crane remotely when he galvanized items by placing the items in a large tank of molten metal. To protect its crane operators, whose had their controls a few feet away from the tank, Defendant built a low wall surrounding the tank and placed a sheet of corrugated iron that crane operators would position between themselves and the wall since the operators’ backs were toward the tank when they worked. Because the operator’s backs were toward the tank, the operators did not have a visual of the crane operation. Thus, they relied on another worker for signals.Multiple other galvanizers positioned their operators in enclosed, windowed locations, where they could safely see and perform their duties. Later, Defendant adopted that practice. On August 15, 1950, Smith was working the crane when he either motioned toward the tank or motioned out to see the worker giving him instructions. By doing so, Smith placed his head outside the iron sheet and a spray of molten metal burned Smith’s lip. Smith’s lip did not heal, but rather, began to ulcerate. Smith went to the doctor, who diagnosed Smith’s wound as cancerous. Later, Smith died from the cancer’s spread in October 1953. His widow, Plaintiff, brought suit against Defendant for negligence.
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